(b)telephone: 01603 703254 (Monday to Friday: 9am to 5pm).. We may record calls for quality and training purposes.

1.8Definitions

"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

"Terms" has the meaning given to it in clause 1.1;

"Unwanted Submission" has the meaning given to it in clause 6.1;

"Cookie policy" means the policy which governs how we use cookies in the Site;

"Terms of Business" means the terms of business which will apply to the services we provide to you;

"Privacy policy" means the policy which governs how we process any personal data collected from you;

"Site" has the meaning given to it in clause 1.1;

"We, us or our" means Ashtons Franchise Consulting Limited, company registration number 09341386, with VAT registration number 230 3852 36 and the registered office of which is at Trafalgar House Meridian Way, Meridian Business Park, Norwich, NR7 0TA ; and

"You or your" means the person accessing or using the Site or its Content.

1.9Your use of the Site means that you must also comply with our Privacy policy, our Cookie policy and our Terms of Business, where applicable.

2.USING THE SITE

2.1The Site is for you to find out more about the service we provide.

2.2You agree that you are solely responsible for:

(a)all costs and expenses you may incur in relation to your use of the Site; and

(b)keeping your password and other account details confidential.

2.3[The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.]

2.4We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at enquiry@ashtonsfranchise.com or 01603 703254 (Monday to Friday: 9am to 5pm).

2.5We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3.RESTRICTIONS ON USE

3.1As a condition of your use of the Site, you agree:

(a)not to use the Site for any purpose that is unlawful under any applicable law;

(b)not to use the Site to commit any act of fraud;

(c)not to use the Site to distribute viruses or malware or other similar harmful software code;

(d)not to use the Site for purposes of promoting unsolicited advertising or sending spam;

(e)not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

(f)not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

(g)not to use the Site in any manner that harms minors;

(h)not to promote any unlawful activity;

(i)not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

(j)not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and

(k)not to attempt to circumvent password or user authentication methods.

4.OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

4.1This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

4.2Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

4.3Use of any trade marks and trade names(registered or unregistered) used on this Site is strictly prohibited unless you have our prior written permission.

5.SOFTWARE

5.1Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider's legal responsibilities are, and provisions that limit a software provider's legal responsibilities to you).

5.2Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.]

6.SUBMITTING INFORMATION TO THE SITE

6.1While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

6.2We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

7.ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

7.1While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

7.2We may suspend or terminate operation of the Site at any time as we see fit.

7.3Content is provided for your general information purposes only and to inform you about us and our news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

7.4While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

8.LINKING AND FRAMING

8.1You may create a link to our Site from another website without our prior written consent provided no such link:

(a)creates a frame or any other browser or border environment around the content of our Site;

(b)implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;

(c)displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or

(d)is placed on a website that itself does not meet the requirements in these terms.

8.2We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

9.HYPERINGLINKING TO US

9.1We do not object to third-party websites providing links to our website but we do require compliance with the following conditions:

You may link to our home page only. You may not create links to any other page or file forming part of our website without our prior written permission.

Our pages must load into the user’s entire window and not load into frames on your website.

The logos on our website are proprietary trade marks of Ashtons Franchise Consulting Limited. Use of our trade marks or other intellectual property without our permission is expressly forbidden.

Your use of links to our website must not be used in a misleading or defamatory context. This includes establishing a link in a way that suggests that you have some association or relationship with us, or implies our approval or endorsement, where this is not in fact the case.

You use best practice when linking, eg avoid using vague terms such as 'click here', which do not inform the user that they are leaving the website and redirecting to our website. Instead, use clear wording alongside any link to our site, eg ‘For further information visit Ashtons Franchise Consulting Limited’s website’.

9.2We reserve the right to withdraw permission to link to our website at any time and, if we do so, you must remove all links and take such other action as we may reasonably require immediately.

10.HYPERLINKS AND THIRD PARTY SITES

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

11.LIMITATION ON OUR LIABILITY

11.1Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

11.2To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

11.3We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or

use of or reliance on any content displayed on our site.

11.4Please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

11.5We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

11.6We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

11.7Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and terms and conditions for the supply of services.

12.EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

13.RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

14.VARIATION

These Terms are dated October 2016. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

15.DISPUTES

15.1We will try to resolve any disputes with you quickly and efficiently.

15.2If you are unhappy with us please contact us as soon as possible.

15.3If you and we cannot resolve a dispute using our complaint handling procedure, we will:

(a)let you know that we cannot settle the dispute with you; and

(b)give you certain information about alternative dispute resolution as necessary.

15.4If you want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms.